Document name
Temporary Foreign Workers
Document number
POL 03/2016

Effective date: June 1, 2016

Application: Claims from temporary foreign workers on and after 01 May 2016.

Policy subject: Benefits - General

Purpose:

To establish the process for adjudicating and managing claims from temporary foreign workers.

DEFINITION

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Temporary foreign worker means an individual who receives a temporary work permit (open or employer specific) under the Government of Canada’s Temporary Foreign Worker Program. This program lets employers hire foreign workers to fill temporary labour and skill shortages. Temporary foreign workers have social insurance numbers that begin with nine.

BACKGROUND

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  1. The Workers’ Compensation Act, 2013 (the “Act”) directs that if an injury arises out of employment, the Workers’ Compensation Board (WCB) will presume that the injury occurred in the course of employment. Accordingly, if an injury occurs in the course of employment, the WCB will presume that the injury arose out of employment (Section 27).
  2. Section 25 of the Act authorizes the WCB to gather information needed to determine all matters or questions arising under the Act, pursuant to Section 20. This information is disclosed to health care providers for the purpose of providing any health care or treatment that may be required as a result of a work injury.
  3. The Government of Saskatchewan implemented The Foreign Worker Recruitment and Immigration Services Act on October 11, 2013 to protect foreign workers and immigrants from exploitation and mistreatment during the recruitment and immigration process.
  4. Citizenship and Immigration Canada (CIC) advises that a temporary foreign worker who holds a valid work permit will keep their temporary residency status as long as their permit is valid, regardless of whether or not they are actually working. Therefore, accessing services from the WCB will not impact a temporary foreign worker’s residency status in Canada.

POLICY

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  1. Workers’ entitlements and employers’ obligations under the Act apply if the worker is a:
    1. Canadian citizen.
    2. Permanent resident.
    3. Refugee.
    4. Landed immigrant, or
    5. Temporary foreign worker.
  2. The WCB will provide coverage to temporary foreign workers, regardless of whether or not they have a valid work permit, if their:
    1. Employer has or is required to have coverage under the Act, and
    2. Injury arose out of and in the course of employment (POL 03/2017, Arising Out of and In the Course of Employment).
  3. All workers and employers must report injuries to the WCB. An employer cannot, directly or indirectly, attempt to impede a worker, or the worker’s dependants, from reporting an injury to the WCB.

Policy references

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Section heading

Act Sec #

Section detail

2(1)(j), 2(1)(l), 2(1)(ii), 20, 25, 27, 36, 70(4), 81, 86, 97, 104, 105, 163, 164, 183, 185;
188 of the Immigration and Refugee Protection Regulations; The Foreign Worker Recruitment and Immigration Services Act

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188 of the Immigration and Refugee Protection Regulations; The Foreign Worker Recruitment and Immigration Services Act

Section heading

Supersedes

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POL 05/2010 Coverage – Migrant Workers

Section heading

Complements

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